Using EAD

E

ead_user

New Member
This has probably been asked many times over. I have my EAD and AP approved but I-140 might get approved only in Jan 2008 (filed: June 2007). I am considering changing employers. What are the risk factors? specifically:
1. Do I have to wait 6 months after I-140 approval to use AC21?
2. If I change after 180 days after I-485 application with approved i-140, can my employer revoke my I-140 or labor or do anything else to risk my prospects of getting a green card?

Thanks very much!

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LABOR PD: Jan 2005. Approved: June 2006
I-140 applied June 2007. Not approved yet.
485, AP, EAD applied July 2007
 
1. No. The I-140 simply must be approved; when it was approved doesn't matter.

2. Provided you have satisfied the AC21 requirements (180, "same or similar" etc.) the employer can't revoke the I-140 or labor. But if you signed a G-28 to allow their lawyer to handle your I-485, the lawyer could withdraw the I-485 (although they really aren't supposed to that) unless you revoke the G-28.
 
Jack

Hi Jack,

First of all, let me thank you for providing valuable suggestions throughout this time, even more so after you have already received your permanent residence.

I am just curious if you (or anyone else) would know how to revoke the mentioned G28 form. Does one simply type up a letter asking USCIS to revoke the G28 or is there another form for it. Also, how would one go about checking if the revocation request went through?

Thanks,


Stoned!

EB3, ROW, Nov 2002 (and yes, very frustrated).
 
Jackolantern said:
1. No. The I-140 simply must be approved; when it was approved doesn't matter.

2. Provided you have satisfied the AC21 requirements (180, "same or similar" etc.) the employer can't revoke the I-140 or labor. But if you signed a G-28 to allow their lawyer to handle your I-485, the lawyer could withdraw the I-485 (although they really aren't supposed to that) unless you revoke the G-28.
Click to expand...
Jackolantern, thank you very much. Consider this hypothetical possibility where the employer fires off a letter on the appropriate legal form (assuming that there is one) that the employee was working on assignments far removed from the initial labor and 140 filing and that his (employee's) application for all USCIS things should be considered null and void. What happens in such a case? Firstly, is my assumption even right?

This is probably very rare, especially when the employer is already busy trying to place other consultants, but what if this happens?.

Thanks!

------------
LABOR PD: Jan 2005. Approved: June 2006
I-140 applied June 2007. Not approved yet.
485, AP, EAD applied July 2007
 
ead_user said:
Jackolantern, thank you very much. Consider this hypothetical possibility where the employer fires off a letter on the appropriate legal form (assuming that there is one) that the employee was working on assignments far removed from the initial labor and 140 filing and that his (employee's) application for all USCIS things should be considered null and void.
Click to expand...
By trying to portray the I-140 as fraudulent, the employer would be implicating themselves in fraud. I don't think they're that stupid. They would have nothing to gain and a lot to lose.
 
Jackolantern said:
2. Provided you have satisfied the AC21 requirements (180, "same or similar" etc.) the employer can't revoke the I-140 or labor.
Click to expand...
That not exactly correct. Employer can revoke I-140 any time. But if it was approved and 180 days passed since 485 filing and applicant works in the same or similar field - he is covered by AC21 and can continue GC process. Usually USCIS issue NOID and it's applicant responsibility to prove that he is covered by AC21. In some cases USCIS issues straight denial. Like Jackolantern said be sure to revoke G28 to get all communications from USCIS.
 
voldemarv said:
That not exactly correct. Employer can revoke I-140 any time. But if it was approved and 180 days passed since 485 filing and applicant works in the same or similar field - he is covered by AC21 and can continue GC process. Usually USCIS issue NOID and it's applicant responsibility to prove that he is covered by AC21. In some cases USCIS issues straight denial. Like Jackolantern said be sure to revoke G28 to get all communications from USCIS.
Click to expand...

Wow! In that case, can I re-apply for I-140 with the new company before the old company even tries to revoke the 140?

Thanks!
------------
LABOR PD: Jan 2005. Approved: June 2006
I-140 applied June 2007. Not approved yet.
485, AP, EAD applied July 2007
 
voldemarv said:
That not exactly correct. Employer can revoke I-140 any time.
Click to expand...
Well, that's if you really want to split hairs over the meaning of "revoke". Regardless of what the employer does, the AC21 rule says the I-140 "shall remain valid with respect to a new job if the individual changes jobs or employers if the new job is in the same or a similar occupational classification as the job for which the petition was filed" if the adjustment of status has been pending for 180 days.

If it remains valid, it hasn't been revoked.

In any case, whatever you or I think "revoke" means, we can all agree that the employer's requests to halt one's green card process are effectively ignored if AC21 requirements have been met and USCIS has been notified of the AC21 job change.
 
getgreenc said:
I think you have to file your labour also again with new company
Click to expand...
No, with AC21 you don't need to refile the labor. The only filing is to inform USCIS of the job change (and even that is not necessary; informing them is just to proactively protect yourself in case the employer tries to revoke the I-140), and change of address forms if the job change involved moving to a new address.
 
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